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TRETBAR v. AGED MINISTERS HOME

No. 40,055

180 Kan. 18 (1956)

299 P.2d 58

F.W. TRETBAR, Appellant, v. THE AGED MINISTERS HOME, at Lakemont, N.Y., a corporation, also known as THE AGED CHRISTIAN MINISTER'S HOME, a corporation, Appellant; R. BOYD WALLACE, Executor of the Estate of Emma Rasmussen, Deceased, Appellant; THE STATE OF KANSAS, Appellee; the unknown officers, successors, trustees, and assigns of PALMER COLLEGE of Albany, Missouri, a corporation, Appellee; and JAMES V. DICKSON, Appellee.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

F.C. Littooy, of Hutchinson, argued the cause, and H.R. Branine and C.E. Chalfant, both of Hutchinson, were with him on the briefs for the appellant F.W. Tretbar.

Evart Garvin, of St. John, argued the cause, and Robert Garvin, and Morris Garvin, both of St. John, were with him on the briefs for the appellants The Aged Ministers Home and R. Boyd Wallace, Executor of the Estate of Emma Rasmussen, Deceased.

John Anderson, Jr., attorney general, and Fred W. Rausch, Jr., assistant attorney general, were on the brief for the appellee the State of Kansas.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to partition certain real estate. The facts, so far as the determinative issues are involved, may be briefly stated: Niles J. Rasmussen, the owner of the real estate in question, died testate March 27, 1930. All of the property, real and personal, owned by him at his death was disposed of by items II and III of his will:

"II. I give and bequeath all the remainder of my property...

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